Antiquities (Amendment) Act 1998

This Act may be cited as the Antiquities (Amendment)

Act, No. 24 of 1998.

The long title to the Antiquities Ordinance (hereinafter referred to as the “principal enactment”) is hereby repealed and the following long title substituted therefor :—

“An Ordinance to provide for the better preservation of the antiquities of Sri Lanka, and of sites and buildings of historical or archaeological importance in

Sri Lanka.”.

Section 2 of the principal enactment is hereby amended in subsection (3) thereof, by the substitution for the words

“or lake, shall” of the words “or lake or within the territorial sea of Sri Lanka, shall”.

The following new sections are hereby inserted immediately after section 15 and shall have effect as sections 15a, 5B, [5c AND 15p respectively of the principal enactment :—

“OFFENCES RELATING TO THEFT AND DISTRUCTION OF

ANTIQUITIES

Offences 15a. Any person who commits theft within pares to the meaning of section 366 of the Penal Code, in anthgeiies respect of antiquity, in the possession of any other person shall be guilty of an offence under this

Ordinance and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a term not less than two years and not more than five years a or to both such fine and imprisonment.

2—D 047391—8,550 (04/98)

Amendment of

Amendment section

Penalty for distruction

&c. of antiquity.

‘Offences under this

Ordinance to be non-bailable.

Evidence.

15p. Any person who wilfully destroys, injures, defaces or tampers with any antiquity or wilfully damages any part of it, shall be guilty of an offence under this Ordinance and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a term not less than two years and not more than five years or to both such fine and imprisonment.

15c. Notwithstanding anything to the contrary in the Code of Criminal Procedure Act, No. 15 of 1979 or any other written law, no person charged with, or accused of an offence under this

Ordinance shall! be released on bail.

15p. In a prosecution for an offence under this

Ordinance, a certificate purporting to be signed by the Director-General and to the effect that the object described therein is an antiquity, shall be admissible in evidence without further proof, and shall be prima facie evidence of the facts stated therein.”.

Section 16 of the principal enactment is hereby amended as follows :—

in subsection (1) thereof, by the substitution for the words “which dates or is believed to date from a period prior to the Ist day of January, 1850, shall”, of the words “which has existed or is believed to have existed for a period of not less than hundred years, shall,” ;

in the marginal note to that section, by the substitution for the words and figures “dating to period prior to 1850”, of the words “in existence not less than hundred years”.

Section 3t of the principal enactment is hereby amended by the substitution for all the words from “and shall be liable” to the end of that section, of the words “‘and shall, notwithstanding anything to the contrary in any other written

Antiquities (Amendment) Act, No. 24 0f 1998 3

law, be liable on conviction after summary trial before a

Magistrate to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.

Section 32 of the principal enactment is hereby amended by the substitution for al! the words from “and shall be liable” to the end of that section, of the words “and shall, notwithstanding anything to the contrary in any other written law, be liable on conviction after summary trial before a

Magistrate to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a term not less than two years and not exceeding five years or to both such fine and imprisonment.”.

The following new Part is hereby inserted immediately after Part V and shall have effect as Part VA of the principal enactment :—

“PART Va

ADVISORY COMMITTEE

Establishment 39a. (1) The Minister may, by Order eAdvisory published in the Gazette, establish an

’

Archaeological Advisory Committee (hereinafter referred to as “the Advisory Committee”).

It shall be the function of such Advisory

on any or all of the matters the Minister considers necessary for the purpose of carrrying out or giving effect to the principles and provisions of this

where advice is sought by him on matters connected to the performance of his duties under this Ordinance.

The Minister may appoint to such

The Advisory Committee shall have the power to fix and regulate its own procedure including the power to determine the number of members necessary to form a quorum for its meetings. Every member of the Advisory

A member of the Advisory Committee may resign from office by letter addressed to the

A member vacating his office by resignation or by expiration of his term of office shali be eligible for reappointment.

Where a member of the Advisory

The Minister may, if he considers it expedient so to do, remove from office, by Order published in the Gazette, any member of the

Section 40 of the principal enactment is hereby repealed and the following section substituted therefor :—

“Powersof 40, The Director-General of Archaeology is

Director-

, of hereby empowered—

Archaeology.

to formulate a national archaeological policy and to co-ordinate and implement such policy after it is approved by the

to "protect and maintain such archacological heritage ;

to conduct research into every aspect of the archaeological heritage of Sri Lanka and specially, into the prehistoric, protohistoric, early historic, middle historic and late historic periods and into general or specific theory, method and practice

to enhance public awareness of the archacological heritage of Sri Lanka through appropriate displays of antiquities, publications and by other means

to levy an entrance fee where it is considered necessary at selected sites or visitor centers

to conduct archaeological impact assessment of areas that may be affected by development, industrial or other projects. proposed by:the Government or any person and.implement any mitigatory measures that may be required.”.

Section 43 of the principal enactment is hereby repealed and the following section substituted therefor :—

"Authorisation,

43. (1) The Director-General of Archaeology

OF ecetuett . may, generally or specially authorize the exercise,

Agents and

Performance or discharge of any of his powers, other duties or functions under this Ordinance—

officers tq exercise’

ae oo"

powers of

by the Government Agent or the District

by any officer of the Archaeological

The. authorization shall be in writing specifying, among other things, the objectives of the authorization, the system of supervision by

The following new sections are hereby inserted immediately after section 43 and shall have effect as sections 43a and 43s of the principal enactment :—

“Impact assessment of proposed development projects.

43a. (1) Whenever any development or industrial scheme or project is proposed by the

Government or other institution or person entailing the use, encroachment or submergence of any land falling within the inventory prepared under section 40(b), or any land as may be prescribed, such scheme or project shall not be approved or permitted until after a report is submitted by the Director-General of

Archaeology, as to the effects the implementation of such scheme, or project may have upon such land or any antiquities within it.

The Director-General of Archaeology shall cause an impact assessment survey to be undertaken at the expense-of the sponsors of such project or scheme to assess the consequences thereof upon the antiquarian, historical or archaeological aspects or value of the land in question or on any antiquities upon it and shall, within such period of time as may be agreed on

The sponsors of every such scheme or project as is referred to in this section shall provide for and set apart, a sum not exceeding one per cent of its total cost for the purposes and objectives referred to in this section.

The provisions of this section shal! have effect notwithstanding anything to the contrary in any other law.

Where a scheme or project has been so stopped, work on such ‘scheme or project shall not be commenced unti! the condition or alteration subject to which the approval or permission was granted is adequately complied with by the sponsors and a written permission in that behalf is obtained from the Director-General of Archaeology.”.

Section 44 of the principal enactment is hereby amended by the substitution for the words “not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding three months”, of the words “not exceeding fifty thousand rupees or to imprisonment of cither description for a term not exceeding five years”.

Section 46 of the principal enactment is hereby repealed and the following section substituted therefor:—

“Reward

46. (1) There shall be established under the

Fund.

control and administration of the Director-General of Archaeology a fund known as the

“Antiquities Reward Fund” (hereinafter referred to as the “Fund”) for the purpose of rewarding informants and enforcement officers contributing, to the recovery of illegally appropriated antiquities or to the protection of sites, and antiquities.

-

There shall be credited to the Fund:—

one half of all fines recovered by any court in respect of convictions for offences under this Ordinance;

‘donations to the Fund from individuals, societies or institutions;

any other prescribed payment.

The Auditor General shall annually audit the Fund.”.

Section 47 of the principal enactment is hereby amended in subsection (2) thereof as follows:—

by the relettering of paragraph (j) of that subsection as paragraph (2) thereof ;

by the deletion of the word “and” appearing atthe end of paragraph (i) ; and

by the insertion of the following paragraphs immediately after paragraph (i) of that subsection :—

Section 48 of the principal enactment is hereby amended as follows:—

:

.

by the insertion immediately after the definition of the word “antiquity” of the following definition:—

by the repeal of the definition of the word “monument”

by the addition immediately after the definition of the word “regulation” of the following definition:—

Wherever, in any provisions of the principal enactment, the words “Archaeological Commissioner” occurs, there shall be substituted the words “Director-General of

Archaeology”:

Wherever, in any provision of any written law (other than the principal enactment) or of any notice, certificate, communication, form or other document issued,. made, required or otherwise, by or under such written law, the words

“Archaeological Commissioner” to denote the Archaeological

Commissioner appointed under the principal enactment prior to the commencement of this Act occurs, there shall be substituted therefor, the words “Director-General of

Archaeology”.

Every contract, agreement or other document or instrument whatsoever made, issued or executed prior to the date of commencement of this Act by or in favour of the

Archaeological Commissioner appointed under the principal enactment in his capacity as such, shall be deemed, on and after that date, to be and to have been made, issued, or executed, by or in favour of the Director-General of

Archaeology.

Inthe event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.